ESBD_File_340198_IFB-23007.pdf

Orange County Purchasing Department

714 Polk Street Orange, TX 77630 Phone 409-882-7903 Fax 409-670-4170

NOTICE TO BIDDERS

Orange County Commissioners’ Court will accept sealed competitive bids at the Orange County Purchasing Agent’s Office located at 714 Polk Street, Orange, Texas, on the following requirements:

BID NAME: OIL & GREASE

BID NO: IFB-23007

DUE DATE/TIME: 2:00 PM, CST, OCTOBER 31, 2023

MAIL OR DELIVER TO: Orange County Purchasing Department

714 Polk Street Orange, TX 77630

Bid instructions and specifications are available at www.co.orange.tx.us or the office of the Orange County Purchasing Agent located at 714 Polk Street, Orange, Texas, 77630. Phone 409-882-7903.

The successful bidders will offer quality products and/or services meeting or exceeding Orange County’s specifications on an as needed basis. Payment for these products and/or services will be from Orange County Road and Bridge Departmental budget.

Orange County reserves the right to award this bid by unit, or by lump sum to the most qualified responsible bidder and to increase or decrease quantities as it deems necessary. Orange County also reserves the right to waive any or all formalities and/or technicalities or to reject any or all bids if in the best interest of the County.

Orange County hereby notifies all bidders that it will affirmatively assure that minority enterprises are afforded full opportunity to submit Bids in response to this bid invitation, and that they will not be discriminated against on the grounds of race, color or national origin in consideration for an award.

Michelle Carroll Purchasing Agent

County of Orange Texas http://www.co.orange.tx.us/

IFB-23007 – OIL & GREASE

Table of Contents

Description

Table of Contents

Instructions to Bidders

General Conditions of Bid and Terms of Contract

Offer Form

Acceptance of Offer Form

Vendor References

Form 1295

Conflict of Interest Questionnaire Form CIQ

Local Government Officer Conflicts Disclosure Statement Form CIS

Contractor Acknowledgement of Stormwater Management Program

Residence Certification/Tax Form

Notice of Intent ………………………………………………………………………...

HUB Subcontracting Participation Declaration Form ………………………….

House Bill 89 Verification……………………………………………………………

Senate Bill 252 Certification…………………………………………………………

Minimum Specifications……………………………………………………………..

Bid Form Pricing Sheet

Instructions to Bidders

Bid Submission

Bids must be submitted with an original copy to the following address:

BID NAME: OIL & GREASE

BID NO: IFB-23007

DUE DATE/TIME: 2:00 PM, CST, OCTOBER 31, 2023

MAIL OR DELIVER TO: Orange County Purchasing Department

714 Polk Street Orange, TX 77630

Bids will be accepted at the above address until the time and date specified herein, and immediately after will be publicly opened. All Bids shall be sealed in an envelope and plainly marked with the Bid Name, Bid Number, Due Date, and the Bidder’s Name and Address. Late Bids will not be accepted and will be returned unopened to the bidder. All Bids submitted in response to this invitation shall become the property of Orange County and will be a matter of public record available for review.

Any prospective respondent desiring any explanation or interpretation of the bid/proposal must make a written request which must be received by Orange County Purchasing at least five (5) business days prior to the scheduled time for the bid/proposal opening. The request must be addressed to Michelle Carroll, Orange County Purchasing Agent, mcarroll@co.orange.tx.us or 714 Polk Street, Orange, Texas, 77630.

Request received after the deadline will be not be responded to due to the time constraints.

IT IS THE BIDDER/PROPOSER RESPONSIBILITY TO VERIFY THE ISSUANCE OF ADDENDA IN

REGARD TO THIS BID/RFP.

ADDENDA SHALL BE POSTED ON THE ORANGE COUNTY TEXAS WEBSITE www.co.orange.tx.us.

BIDDER/PROPOSER MUST MONITOR THE ORANGE COUNTY WEBSITE FOR ANY ADDENDA

OR ADDITIONAL INSTRUCTIONS.

ORANGE COUNTY SHALL NOT BE RESPONSIBLE FOR FAILED INTERNET CONNECTIONS OR

POWER INTERRUPTIONS.

BIDDER IS RESPONSIBLE FOR RETURNING ALL REQUIRED PAGES. ADDITIONALLY,

FAILURE TO RETURN ALL REQUIRED FORMS COULD RESULT IN A BID BEING

DECLARED AS NON-RESPONSIVE.

mailto:mcarroll@co.orange.tx.us http://www.co.orange.tx.us/

General Terms and Conditions of Bid and Term Contract

Preparation of Bids

The bid shall be legibly printed in ink or typed. If a unit price or extension already entered is to be altered, it shall be crossed out and initialed in ink by the bidder. The bid shall be legally signed and shall include the complete address of the bidder. Orange County is exempt from Federal and State Sales Taxes, and such taxes shall not be included in bid prices.

Rejection or Withdrawal Submission of additional terms, conditions or agreements with the bid document are grounds for deeming a bid non-responsive and may result in bid rejection. Orange County reserves the right to reject any and all bids and to waive any informalities and minor irregularities or defects in bids. Bids may be withdrawn in person by a bidder or authorized representative, provided their identity is made known and a receipt is signed for the bid, but only if the withdrawal is made prior to the time set for receipt of bids. Bids are an irrevocable offer and may not be withdrawn within 90 days after opening date.

Award The bid will be awarded to the responsible, responsive bidder(s) whose bid, conforming to the solicitation, will be most advantageous to Orange County – price and other factors considered. Unless otherwise specified in this IFB, Orange County reserves the right to accept a bid in whole or in part, and to award by item or by group, whichever is deemed to be in the best interest of Orange County. Any bidder who is in default to Orange County at the time of submittal of the bid shall have that bid rejected. Orange County reserves the right to clarify any contractual terms with the concurrence of the Contractor; however, any substantial nonconformity in the offer, as determined by Orange County, shall be deemed non-responsive and the offer rejected. In evaluating bids, Orange County shall consider the qualifications of the bidders, and, where applicable, operating costs, delivery time, maintenance requirements, performance data, guarantees of materials and equipment. In addition, Orange County may conduct such investigation as it deems necessary to assist in the evaluation of a bid and to establish the responsibility, qualifications, and financial ability of the bidders to fulfill the contract. Orange County reserves the right to award this contract on the basis of lowest and best bid in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, and/or to reject any or all bids. In the event the lowest dollar offeror meeting specifications is not a awarded a contract, Offeror may appear before the Commissioners’ Court and present evidence concerning Offeror responsibility after officially notifying the Office of the Purchasing Agent of Offeror’s intent to appear. Orange County shall not be responsible for any effort or cost expended in the preparation of a response to this IFB

Contract A response to an IFB is an offer to contract with Orange County based upon the terms, conditions, and specifications contained in the IFB. Bids do not become contracts unless and until they are executed by Orange County, eliminating a formal signing of a separate contract. For that reason, all of the terms and conditions of the contract are contained in the IFB, unless any of the terms and conditions is modified by an IFB Amendment, a Contract Amendment, or by mutually agreed terms and conditions in the contract documents.

Fiscal Funding A multi-year lease or lease/purchase arrangement (if requested by the Special Requirements/Instructions), or any contract continuing as a result of an extension option, must include fiscal funding out. If, for any reason, funds are not appropriated to continue the lease or contract, said lease or contract shall become null and void. After expiration of the lease, leased equipment shall be removed by the offeror from the using department without penalty of any kind or form to Orange County.

All charges and physical activity related to delivery, installation, removal and redelivery shall be the responsibility of the offeror. Orange County is operated and funded on an October 1 to September 30 basis; accordingly, the County reserves the right to terminate, without liability to the County, any contract for which funding is not available. Orange County is operated and funded on an October 1 to September 30 basis; accordingly, the County reserves the right to terminate, without liability to the County, any contract for which funding is not available.

Addenda and Changes to Bid Documents Each addendum or change issued in relation to this IFB document will be on file in the office of the Purchasing Agent, and will be posted on the Orange County Purchasing web site www.orange.tx.us as soon as possible. It shall be the bidder’s responsibility to make inquiry as to change or addenda issued, and to monitor the web site. All such changes or addenda shall become part of the contract and all bidders shall be bound by such addenda. Vendors are responsible for monitoring the web site in order to remain informed on addenda. Vendors shall acknowledge receipt of all addenda with submission of Bid.

Specifications Unless otherwise stated by the bidder, the bid will be considered as being in accordance with Orange County’s applicable standard specifications, and any special specifications outlined in the bid document.

References to a particular trade name, manufacturer’s catalogue, or model number are made for descriptive purposes to guide the bidder in interpreting the requirements of Orange County, and should not be construed as excluding bids on other types of materials, equipment, and supplies. However, the bidder, if awarded a contract, will be required to furnish the particular item referred to in the specifications or description unless departure or substitution is clearly noted and described in the bid.

Orange County reserves the right to determine if equipment/ product being bid are an acceptable alternate. All goods shall be new and unused unless otherwise so stated in the bid. Any unsolicited alternate bid, or any changes, insertions, or omissions to the terms and conditions, specifications, or any other requirements of the bid, may be considered non-responsive.

Interpretation of Bid and/or Contract Documents All inquiries shall be made within a reasonable time prior to the date and time fixed for the bid opening, in order that a written response in the form of an addendum, if required, can be processed before the Bids are opened. Inquiries received that are not made in a timely fashion may or may not be considered.

Currency Prices calculated by the bidder shall be stated in U.S. dollars.

Pricing Prices shall be stated in units of quantity specified in the bid documents. In case of discrepancy in computing the amount of the bid, the unit price shall govern.

Notice to Proceed/Purchase Order the successful bidder may not commence work under this contract until authorized to do so by the Purchasing Agent.

Certification By signing the offer section of the Offer to Contract page, bidder certifies:

http://www.orange.tx.us/

The submission of the offer did not involve collusion or other anti-competitive practices. The bidder has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to any public servant in connection with the submitted offer. The bidder hereby certifies that the individual signing the bid is an authorized agent for the bidder and has the authority to bind the bidder to the contract.

Minority-Women Business Enterprise Participation It is the desire of Orange County to increase the participation of Minority (MBE) and women-owned (WBE) businesses in its contracting and procurement programs. While the County does not have any preference or set aside programs in place, it is committed to a policy of equitable participation for these firms.

Grant Funding Any contract entered into by the County that is to be paid from grant funds shall be limited to payment from the grant funding and the vendor/provider understands that the County has not set aside any County funds for the payment of obligations under a grant contract. If grant funding should become unavailable at any time for the continuation of services paid for by the grant, and further funding cannot be obtained for the contract, then the sole recourse of the provider shall be to terminate any further services under the contract and the contract shall be null and void.

HIPPA Compliance Offeror agrees to comply with the Standards for Privacy of Individually Identifiable Health Information of the Health Insurance Portability and Accountability Act of 1996, PL 104-191 45 CFR Parts 160-164, as amended, and the Texas Medical Records Privacy Act, Texas Health and Safety Code Chapter 181, as amended, collectively referred to as “HIPPA” to the extent that the Offeror uses, disclosed or has access to protected health information as defined by HIPPA. Offeror may be required to enter a Business Associate Agreement pursuant to HIPPA.

Hold Harmless Agreement Contractor, the successful offeror, shall indemnify and hold Orange County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Orange County Purchasing before any work begins.

Waiver of Subrogation Offeror and offeror's insurance carrier waive any and all rights whatsoever with regard to subrogation against Orange County as an indirect party to any suit arising out of personal or property damages resulting from offeror's performance under this agreement.

Severability If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted.

Recycled Materials Orange County encourages the use of products made of recycled materials and shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality. Orange County will be the sole judge in determining product preference application.

Scanned or Re-Typed Response If in its Bid response, offeror either electronically scans, re-types, or in some way reproduces the County's published Bid package, then in event of any conflict between the terms and provisions of the County's published Bid specifications, or any portion thereof, and the terms and provisions of the Bid response made by offeror, the County's Bid specifications as published shall control. Furthermore, if an alteration of any kind to the County's published Bid specifications is only discovered after the contract is executed and is or is not being performed; the contract is subject to immediate cancellation.

Electronic Data If offeror obtained the bid specifications on a disk in or web site order to prepare a response, the bid must be submitted in hard copy according to the instructions contained in this bid package. If, in its bid response, offeror makes any changes whatsoever to the County's published bid specifications, the County's Bid specifications as published shall control. It is preferred that you enter your data on the disk, do a print and then return disk and print out. You must return a hard copy bid and return the disk.

E-Mail Addresses Consent Vendor affirmatively consents to the disclosure of its e-mail addresses that are provided to Orange County.

This consent is intended to comply with the requirements of the Texas Public Information Act, Tex. Gov’t Code Amn. 522.137 as amended, and shall survive termination of this agreement. This consent shall apply to e-mail addresses provided by Vendor, its employees, officers, and agents acting on Vendor’s behalf and shall apply to any e-mail address provided in any form for any reason whether related to this Bid/Bid or otherwise.

Potential Conflicts of Interest An outside consultant or contractor is prohibited from submitting a bid for services on an Orange County project of which the consultant or contractor was a designer or other previous contributor, or was an affiliate, subsidiary, joint venture or was in any other manner associated by ownership to any party that was a designer or other previous contributor. If such a consultant or contractor submits a prohibited bid, that bid shall be disqualified on the basis of conflict of interest, no matter when the conflict is discovered by Orange County. A conflict of interest questionnaire is included to be filled out and returned.

Governing Law This invitation to bid is governed by the competitive bid requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Orange County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements.

Access to Records In special circumstances, vendor may be required to allow duly authorized representatives of Orange County or the state and federal government access to contacts, books, documents, and records necessary to verify the nature and extent of the cost of services provided by vendor.

Governing Forms In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Orange County's interpretation shall govern.

Supplemental Materials Offerors are responsible for including all pertinent product data in the returned bid package. Literature, brochures, data sheets, specification information, completed forms requested as part of the bid package and any other facts which may affect the evaluation and subsequent contract award should be included.

Materials such as legal documents and contractual agreements, which the offeror wishes to include as a condition of the bid, must also be in the bid package. Failure to include all necessary and proper supplemental materials may be cause to reject the entire bid.

Material/Color Determination Selection of colors of materials is a right reserved by the using department unless otherwise specified in the bid. Unspecified colors shall be quoted as standard colors, NOT colors which require upcharges or special handling. Unspecified fabrics or vinyls should be construed as medium grade. If offeror fails to get color/material approvals prior to delivery of merchandise, the using department may refuse to accept the items and demand correct shipment without penalty, subject to other legal remedies.

Inspections Orange County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If an offeror cannot furnish a sample of a bid item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the bid as inadequate.

Testing Orange County reserves the right to test equipment, supplies, material and goods bid for quality, compliance with specifications and ability to meet the needs of the user. Demonstration units must be available for review. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the bid is subject to rejection.

Disqualification of Offeror Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Orange County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if the County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a vendor from submitting multiple bids for different products or services.

Assignment The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Orange County Commissioners Court.

Contract Obligation Court must award the contract and the County Judge or other person authorized by the Orange County Court must sign the contract before it becomes binding on Orange County or the offerors. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted.

Digital Format If offeror obtained the bid specifications in digital format in order to prepare a response, the bid must be submitted in hard copy, according to the instructions contained in this Bid package. If, in its response, offeror makes any changes whatsoever to the County’s published Bid specifications, the County’s bid specifications as published shall control. Furthermore, if an alteration of any kind to the County’s published bid specifications is only discovered after the contract is executed and is or is not being performed; the contract is subject to immediate cancellation.

Title Transfer Title and Risk of Loss of goods shall not pass to Orange County until Orange County actually receives and takes possession of the goods at the point or points of delivery.

Estimated Quantities Orange County estimates are based on quantities used the previous year. These projected estimates can be changed by various unforeseen factors, such as the weather, and changes in budgetary conditions. The estimated quantities also do not include orders placed by participating entities. Therefore, these contracts are based on actual annual needs on an as needed basis. There is no intent to buy indicated, or intended, and the County will only pay for material it has properly ordered and received by Orange County.

Participating Local Governments A rider is attached to this bid to indicate the willingness of the bidder to supply materials to participating local governments at the same terms and conditions as is offered to Orange County within this bid, if the bidder is awarded the bid. Participation by the other local governments is solely at the option of those governments, and any contract, resulting is strictly between the individual agencies, and the bidder.

Method of Payment Invoices shall be sent directly to the:

COUNTY AUDITOR’S OFFICE

123 S. 6th Street

ORANGE, TX 77630

Payments are processed after the Auditor’s Office has been notified that the items have been received in good conditions and no unauthorized substitutions have been made. Invoices must detail the items delivered and must reference the Orange County Purchase Order Number for speed in processing. The County will only receive delivery for goods as required, and the County shall only be billed for goods ordered and delivered.

Equivalents of Equal Quality are Acceptable Whenever an article or material is defined by describing a proprietary product, or by using the name of a manufacturer, the term “or equivalent” if not inserted, shall be implied. The specified article or material shall be understood as descriptive, not restrictive.

Substitutions after Award of the Contract

After the award of the contract, no substitutions will be made without prior approval from the County Purchasing Agent. Should any items on the contract be discontinued or otherwise become unattainable during the life of the contract, test will be made of substitutes at the discretion of the County Purchasing Agent.

Inclement Weather In case of inclement weather or any other unforeseen event causing Orange County to close for business on the date of a bid/proposal submission deadline, the bid/proposal closing will automatically be postponed until the next business day Orange County is open.

Emergency/Declared Disaster Requirements In the event of an emergency or if Orange County is declared a disaster area, by the County, State, or Federal Government, the Acceptance of Offer may be subjected to unusual usage. Contractor shall service the County during such an emergency or declared disaster under the same terms and conditions that apply during non-emergency/disaster conditions. The pricing as specified in this Acceptance of Offer shall apply to serving the County’s needs regardless of the circumstances. If Contractor is unable to supply the services under the terms of the Acceptance of Offer, the Contractor shall provide proof of such disruption and a copy of the invoice from Contractor’s supplier(s). Additional profit margin as a result of supplying services during an emergency or declared disaster shall not be permitted. In the event that additional equipment, supplies, and materials are required during the declared disaster, additional shipping, handing and drayage fees may apply, if approved by Orange County.

General Conditions of Bid and Term Contract

1. Bid

1.1 Bids. All Bids must be submitted on the Bid form furnished in this package.

1.2 Authorized Signatures. The Bid must be executed personally by the vendor, duly authorized partner of the partnership, or duly authorized officer of the corporation. If executed by an agent, a power of attorney or other evidence of authority to act on behalf of the vendor shall accompany the Bid to become a valid Bid.

1.3 Late Bids. Bids must be in the office of the Orange County Purchasing Agent before or at the specified time and date Bids are due. Bids received after the submission deadline shall be rejected as non-responsive and returned unopened.

1.4 Withdrawal of Bids Prior to Bid Opening. A Bid may be withdrawn before the opening date by submitting a written request to the Purchasing Agent. If time allows, the bidder may submit a new Bid. Bidder assumes full responsibility for submitting a new Bid before or at the specified time and date Bids are due. Orange County reserves the right to withdraw a request for Bids before the opening date.

1.5 Withdrawal of Bids after Bid Opening. Bidder agrees that its offer may not be withdrawn or cancelled by the vendor for a period of ninety (90) days following the date and time designated for the receipt of Bids unless otherwise stated in the Bid and/or specifications.

1.6 Bid Amounts. Bids shall show net prices, extensions where applicable and net total. In case of conflict between unit price and extension, the unit price will govern. Any ambiguity in the Bid as a result of omission, error, unintelligible or illegible wording shall be interpreted in the favor of Orange County.

1.7 Exceptions and/or Substitutions. All Bids meeting the intent of the specifications and plans will be considered for award. Vendors taking exception to the specifications and plans, or offering substitutions, shall state these exceptions in the section provided. If Bid is made on an article other than the one specified, which a bidder considers comparable, the name and grade of said article must be specified in the Bid and sufficient specifications and descriptive data must accompany same to permit thorough evaluation. The absence of stated exceptions and/or substitutions shall indicate that the vendor has not taken any exceptions to the specifications and shall be responsible to perform in strict accordance with the specifications. As a matter of practice, Orange County rejects exception(s) and /or substitutions as non-responsive but reserves the right to accept any and/or all of the exception(s) and/or substitution(s) deemed to be in the best interest of Orange County.

1.8 Alternates. The Invitation for Bid and/or specifications may expressly allow bidder to submit an alternate Bid. Presence of such an offer shall not be considered an indication of non-responsiveness.

1.9 Descriptions. Unless otherwise specified, any reference to make, manufacturer and/or model used in the Bid specifications is merely descriptive and not restrictive, and is used only to indicate type, style, or quality of material desired.

1.10 Bid Alterations. Bids cannot be altered or amended after submission deadline. Any interlineations, alterations, or erasures made before opening time must be initialed by the signer of the Bid, guaranteeing authenticity.

1.11 Tax Exempt Status. Orange County is exempt from federal excise tax and state sales tax. Unless the Bid form or specifications specifically indicate otherwise, the Bid price must be net, exclusive of above-mentioned taxes and will be so construed. Therefore, the Bid price shall not include taxes. Orange County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Orange County Auditor

1.12 Quantities. Quantities indicated are estimated quantities only and are not a commitment to buy.

Approximate usage does not constitute an order, but only implies the probable quantity that will be used.

Commodities will be ordered on an as-needed basis. Bidder is responsible for accurate final counts.

1.13 Silence of Specifications for Complete Units. All materials, equipment and/or parts that will become a portion of the completed work, including items not specifically stated herein but, necessary to render the service(s) complete and operational per the specifications, are to be included in the Bid price.

Vendor may be required to furnish evidence that the service, as Bid, will meet or exceed these requirements.

1.14 General Bid Bond/Surety Requirements. Failure to furnish Bid bond or bonds will result in Bid being declared non-responsive. Non-responsive Bids will not be considered for award.

1.15 General Insurance Requirements. Failure to furnish Affidavit of Insurance, if required in these specifications, will result in Bid being declared non-responsive. Non-responsive Bids will not be considered for award.

1.16 Responsiveness. A responsive Bid shall substantially conform to the requirements of this Invitation to Bid and/or specifications contained herein. Bidders who substitute any other terms, conditions, specifications and/or requirements or who qualify their Bids in such a manner as to nullify or limit their liability to the contracting entity shall have their Bids deemed non-responsive. Also, Bids containing any clause that would limit contracting authority shall be considered non-responsive. Examples of nonresponsive Bids include but shall not be limited to:

a) Bids that fail to conform to required delivery schedules as set forth in the Bid request; b) Bids with prices qualified in such a manner that the Bid price cannot be determined, such as with vague wording that may include “price in effect at the time of delivery,” and c) Bids made contingent upon award of other Bids currently under consideration.

1.17 Responsible Standing of Bidder. To be considered for award, bidder must at least: have the ability to obtain adequate financial resources, be able to comply with required or proposed delivery/ completion schedule, have a satisfactory record of performance; have a satisfactory record of integrity and ethics, and be otherwise qualified and eligible to receive award.

1.18 Proprietary Data. Bidder may, by written request, indicate as confidential any portion(s) of a Bid that contain proprietary information, including manufacturing and/or design processes exclusive to the vendor. Orange County will protect from public disclosure such portions of a Bid, unless directed otherwise by legal authority, including existing Open Records Acts.

1.19 Public Bid Opening. Bidders are invited to be present at the opening of Bids. After the official opening of Bids, a period of not less than one week is necessary to evaluate Bids. The amount of time necessary for Bid evaluation may vary and is determined solely by the County. Following the Bid evaluation, all Bids submitted are available for public review.

2. Performance

2.1 Design, Strength, and Quality. Design, strength, and quality of materials and workmanship must conform to the highest standards of manufacturing and engineering practices. The apparent silence of specifications and/or plans as to any detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications and/or plans shall be made on the basis of this statement.

2.2 Age and Manufacture. All tangible goods being proposed must be new and unused, unless otherwise specified, in first-class condition, of current manufacture, and furnished ready to use. All items not specifically mentioned that are required for a complete unit shall be furnished.

2.3 Delivery Location. All deliveries will be made to the address(es) specified on the purchase order during normal working hours of 8:00 a.m.to 11:45 a.m. and 1:00 p.m. to 4:45 p.m., Monday through Friday, unless otherwise authorized by the Purchasing Agent or designee.

2.4 Delivery Schedule. Delivery time may be an important consideration in the evaluation of best value. The maximum number of days necessary for delivery ARO shall be stated in the space, if provided, on the Bid form.

2.5 Delivery Charges. All delivery and freight charges, F.O.B. destination shown on Orange County purchase order, as necessary to perform contract are to be included in the Bid price. Bids shall include all charges for delivery, packing, crating, containers, etc. Bids will be considered as being based on F.O.B.

destination/delivered freight included. Unless otherwise stated by the bidder in writing on the Bid Form.

2.6 Installation Charges. All charges for assembly, installation and set-up shall be included in the Bid price.

Unless otherwise stated, assembly, installation and set-up will be required.

2.7 Operating Instructions and Training. Clear and concise operating instructions and descriptive literature will be provided in English, if requested. On-site detailed training in the safe and efficient use and general maintenance of item(s) purchased shall be provided as needed at the request of Orange County. Instructions and training shall be at no additional cost to the County.

2.8 Storage. Bidder agrees to provide storage of custom ordered materials, if requested, for up to thirty (30) calendar days.

2.9 Compliance with Federal, State, County, and Local Laws. Bids must comply with all federal, state, county and local laws, including, but not limited to, all applicable standard safety, emission, and noise control requirements. Any vehicles or equipment shall contain all standard safety, emission, and noise control requirements required for the types and sizes of equipment at the time of their manufacture. The contractor agrees, during the performance of work or service, to comply with all applicable codes and ordinances of Orange County or the State of Texas as they may apply, as these laws may now read, or as they may hereafter be changed or amended.

2.10 OSHA. The bidder will certify all equipment complies with all regulations and conditions stipulated under the Williams-Steiger Occupational Safety and Health Act of 1971, as amended. The successful bidder will further certify that all items furnished under this project will conform and comply with federal and State of Texas OSHA standards. The successful bidder will agree to indemnify and hold harmless Orange County for any and all damages that may be assessed against the County.

2.11 Patents and Copyrights. The successful vendor agrees to protect the County from claims involving infringements of patents and/or copyrights.

2.12 Samples, Demonstrations and Testing. At Orange County’s request and direction, bidder shall provide product samples and/or testing of items Bid to ensure compliance with specifications. Samples, demonstrations and/or testing may be requested at any point prior to or following Bid award. Samples, demonstrations and/or testing may be requested upon delivery and/or any point during the term of resulting contract. All samples (including return thereof), demonstrations, and/or testing shall be at the expense of the bidder/vendor.

2.13 Acceptability. All articles enumerated in the Bid shall be subject to inspection by an officer designated for that purpose by Orange County. If found inferior to the quality called for, or not equal in value to the specifications, deficient in workmanship or otherwise, this fact shall be certified to the Purchasing Agent, who shall have the right to reject the whole or any part of the same. Items and/or work determined to be contrary to specifications must be replaced at the vendor’s expense. Inferior items not retrieved by the vendor within thirty

(30) calendar days or an otherwise agreed upon time, shall become the property of the County. If disposal of such items warrants an expense, an amount equal to the disposal expense will be deducted from amounts payable to the vendor.

2.14 Maintenance. Maintenance required for equipment Bid should be available in Orange County by a manufacturer authorized maintenance facility. Cost for this service shall be shown on the Bid sheet as requested or on a separate sheet, as required. If Orange County opts to include maintenance, it shall be so stated in the purchase order and said cost will be included. Service will commence only upon expiration of applicable warranties and should be priced accordingly.

2.15 Material Safety Data Sheets. Under the “Hazardous Communications Act,” common known as the “Texas Right to Know Act,” a bidder must provide the user department, with each delivery, material safety data sheets which are applicable to hazardous substances defined in the Act. Failure of the bidder to furnish this documentation will be cause to reject any Bid applying thereto.

2.16 Evaluation. Evaluation shall be used as a determinant as to which services are the most efficient and/or most economical for the County. It shall be based on all factors having a bearing on price and performance of the items in the user environment. All Bids are subject to tabulation by the Orange County Purchasing Department and recommendation to Orange County Commissioners’ Court. Compliance with all Bid requirements and needs of the using department are considered in evaluating Bids. Pricing is not the only criteria for making a recommendation. The Orange County Purchasing Department reserves to right to contact any bidder, at any time, to clarify, verify or requirement information with regard to this Bid.

3. Purchase Orders and Payment

3.1 Purchase Orders. A purchase order(s) shall be generated by the Orange County Purchasing Agent to the successful vendor. The purchase order number must appear on all itemized invoices and packing slips. The County will not be held responsible for any work orders placed and/or performed without a valid current purchase order number. Payment will be made for all services rendered and accepted by the contract administrator for which a valid invoice has been received.

3.2 Invoices. All invoices shall reference the Purchase Order number. Invoices shall reference a detailed description for each item invoiced. If an item purchased and itemized on the invoice does not correspond to an item in any of the categories awarded to the vendor, invoice shall reference the item as “N/C” to indicate that it is a non-contract item. This requirement is to assist the County in verifying contract pricing on all invoices. Payment will be made under terms of net thirty (30) days unless otherwise agreed upon by seller and the purchasing department.

3.3 Prompt Payment. In accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S., payment will be made after receive and acceptance by the County of the merchandise ordered and of a valid invoice. Successful bidder(s) is required to pay subcontractors within ten (10) days after the successful bidder receives payment from the County.

4. Contract

4.1 Contract Definition. The General Conditions of Bid and Terms of Contract, Specifications, Plans, Bid Forms, Addenda, and any other documents made a part of this Bid shall constitute the complete Bid. This Bid, when duly accepted by Orange County, shall constitute a contract equally binding between the successful bidder and Orange County.

4.2 Contract Agreement. Once a contract is awarded, the unit prices offered by the successful bidder shall remain firm for the term of the contract. Contract shall commence on date of award.

4.3 Change Order. No different or additional terms will become part of this contract with the exception of a change order. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing and at the discretion and approval of Orange County. No change order will be binding unless signed by an authorized representative of the County and the vendor.

4.4 Price Re-determination. A price re-determination may be requested at the time of annual renewal. All requests for price re-determination shall be in written form. Cause for such request, i.e., manufacturer’s direct cost, postage rates, Railroad Commission rates, Federal/State minimum wage law, Federal/State unemployment taxes, F.I.C.A, Insurance Coverage Rates, etc., shall be substantiated in writing by the source of the cost increase.

The bidder’s past experience of honoring contracts at the Bid price will be an important consideration in the evaluation of the lowest and best Bid. Orange County reserves the right to accept or reject any/all requests for price re-determination as it deems to be in the best interest of the County.

4.5 Termination. Orange County reserves the right to terminate the contract for default if the bidder breached any of the terms therein, including warranties of bidder or if the bidder becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Orange County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or service within the proper amount of time, and/or to properly perform any and all services required to Orange County’s satisfaction and/or to meet all other obligations and requirements. Contracts may be terminated without cause upon thirty (30) days’ written notice to either party unless otherwise specified. Orange County reserves the right to award canceled contract to the next lowest bidder. Bidder, in submitting this Bid, agrees that Orange County shall not be liable to prosecution for damages in the event that the County declares the bidder in default.

4.6 Conflict of Interest. Employees of the County are not permitted to maintain financial interest in, or receive payment, directly or indirectly, borrow from, lend to, invest in, or engage in any substantial financial transaction with any individual, organization, supplier, or subcontractor who does business with the County without disclosure. When conflict of interest is discovered, it shall be grounds for termination of contract.

4.7 Injuries or Damages Resulting from Negligence. Successful vendor shall defend, indemnify and save harmless Orange County and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful vendor, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from Bid award. Successful vendor shall pay any judgment with cost which may be obtained against Orange County growing out of such injury or damages.

4.8 Interest by Public Officials. No public official shall have interest in this contract, in accordance with Texas Local Government Code.

4.9 Warranty. Offerors shall furnish all data pertinent to warranties or guarantees which may apply to items in the Bid. Offerors may not limit or exclude any implied warranties. Offeror warrants that product sold to the County shall conform to the standards established by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event product does not conform to OSHA Standards, where applicable, Orange County may return the product for correction or replacement at the offeror's expense. If offeror fails to make the appropriate correction within a reasonable time, Orange County may correct at the offeror's expense.

4.10 Uniform Commercial Code. The successful vendor and Orange County agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code.

4.11 Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in the County of Orange, Texas.

4.12 Sale, Assignment, or Transfer of Contract. The successful vendor shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Orange County.

4.13 Silence of Specifications. The apparent silence of these specifications as to any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this state

Factors of Award

The bid award shall be based on, but not necessarily limited to the following factors:

a. Total bid price

b. Unit Price

c. Delivery Date, delivery terms and lead time

d. Results of testing samples

e. Special needs and requirements of Orange County

f. Vendor’s past performance record with Orange County

g. Orange County’s evaluation of vendor’s ability to perform the requirements of the contract

h. Estimated costs for supplies, maintenance, etc.

i. Estimated surplus value

Term of Contract This contract will commence on the day of award by Commissioners’ Court unless otherwise noted in the bid or letter of award issued by the Orange County Purchasing Agent. The contract will then remain in effect for one year.

Renewal Option Orange County may consider a renewal option for three (3) additional years based upon the same terms and conditions as the original year. Renewal is subject to approval by Orange County Commissioners’ Court each period. Once renewal option is exhausted, the contract must be re-bid. Prices quoted shall remain firm for one (1) year from date of award.

FEMA Mandated Contract Clauses:

If applicable to the work and services being performed by CONTRACTOR under the parties’ AGREEMENT, the following provisions are adopted and form part of this AGREEMENT:

(A) DAMAGES, 2 CFR §200.326 Appendix II to Part 200 (A)

(1) All work to be performed under this AGREEMENT shall be timely commenced. A breach of this AGREEMENT by Contractor would cause substantial delay in the completion of the required services affecting the safety and welfare of the public.

(2) In the event of Contractor’s breach of its performance obligations, County shall have all rights and remedies against Contractor as provided by law.

(B) TERMINATION RIGHTS, 2 CFR §200.326 Appendix II to Part 200 (B)

Termination for Convenience: Whenever the interests of the County so require, County may terminate the parties’ Agreement, in whole or in part, for the convenience of the County. County shall give Contractor thirty (30) days prior written notice of termination specifying the portions of the Agreement to be terminated and when such termination will become effective. If only portions of the parties’ agreement are terminated, Contractor has the right to withdraw from the parties’ Agreement, without adverse action or claims. In the event of a termination for convenience by County, Contractor shall be entitled to payment for all work and services performed by it up to the effective date of such termination.

Termination for Cause: The County may, by written notice of default to Contractor, terminate the parties’ Agreement, in whole or in part, if the Contractor fails to satisfactorily perform any provisions of the parties’ agreement after a period of ten (10) following Contractor’s receipt of a Notice of Deficiency provided by County.

(C) EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR §200.326 Appendix II to Part 200 (C))

If applicable to the work and services performed by CONTRACTOR under the AGREEMENT, during the performance of the AGREEMENT, CONTRACTOR shall comply with the Equal Employment Opportunity Clause (41 CFR 60-1.4(b)):

(1) CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex,…